Maurice Oundo Oduor & 61 Others v George Ndula Meritei & 2 others
The bottom line
#The Court of Appeal refused to stop an eviction order against 62 occupants, ruling their appeal stood no real chance of success.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal is arguable
The intended appeal, being directed against the dismissal of a review application rather than the substantive judgment, raised no bona fide issue worthy of consideration.
The Court accepted the respondent's submission that the appeal was not against the substantive judgment but against the dismissal of a review application. Criminal acquittals relied upon as new evidence for review cannot found an arguable appeal because criminal and civil proceedings are distinct and an acquittal does not invalidate civil findings. The Court therefore was not persuaded that any bona fide point of law or fact was raised.
Whether the appeal would be rendered nugatory if stay is not granted
The nugatory principle cuts both ways; the respondent's right to enjoy the fruits of his valid judgment tilted the balance against the applicants, who did not show damages would be inadequate.
Although eviction might cause hardship to the sixty-one applicants, the respondent held a valid judgment entitling him to possession. The applicants had not demonstrated that damages would be inadequate, and the respondent was financially able to comply with any orders should the appeal succeed. The Court applied Reliance Bank Ltd v Norlake Investments on balancing the successful litigant's rights against the right of appeal.
Legal principles established
#- An applicant under rule 5(2)(b) must satisfy both limbs: that the appeal is arguable and that it will be rendered nugatory if stay is not granted.
- Criminal and civil proceedings are distinct and governed by different standards of proof; a criminal acquittal does not extinguish civil liability nor invalidate civil findings.
- The right of a successful litigant to enjoy the fruits of judgment must be balanced against the right of appeal when considering the nugatory limb of rule 5(2)(b).
Court orders
#- 1.Dismissal of the notice of motion dated 21st November 2025
- 2.Costs of the application to the respondent
- On appeal from
- Environment and Land Court at Kajiado
- ELC Case No. E002 of 2021
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maurice Oundo Oduor & 61 Others v George Ndula Meritei & 2 others", Case Analysis (2026). Application dated 21st November 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/845/eng@2026-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.